Non Disclosure Settlement Agreement for Malaysia

Non Disclosure Settlement Agreement Template for Malaysia

A comprehensive legal document governed by Malaysian law that combines settlement terms with confidentiality obligations. This agreement serves the dual purpose of resolving disputes between parties while establishing strict confidentiality requirements regarding the settlement terms and any sensitive information exchanged during the dispute or settlement process. The document incorporates relevant provisions from Malaysian contract law and confidentiality principles, ensuring enforceability within the Malaysian legal framework while providing robust protection for confidential information and settlement terms.

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What is a Non Disclosure Settlement Agreement?

The Non Disclosure Settlement Agreement is a specialized legal instrument used when parties need to resolve a dispute while maintaining strict confidentiality about both the settlement terms and any sensitive information exchanged during the process. This document type is particularly relevant in the Malaysian business environment where protecting confidential information while resolving disputes is crucial. It combines the essential elements of a settlement agreement with comprehensive confidentiality provisions, making it suitable for resolving sensitive commercial disputes, employment matters, or intellectual property conflicts. The agreement ensures compliance with Malaysian legal requirements while providing mechanisms for enforcement and remedies in case of breach.

What sections should be included in a Non Disclosure Settlement Agreement?

1. Parties: Identification and details of all parties to the agreement

2. Background: Context of the dispute and reason for the settlement agreement

3. Definitions: Definitions of key terms, including 'Confidential Information', 'Settlement Amount', 'Effective Date'

4. Settlement Terms: Core settlement provisions, including payment terms and mutual releases

5. Confidentiality Obligations: Detailed obligations regarding confidentiality, including scope and duration

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed

7. Return or Destruction of Confidential Information: Requirements for handling confidential materials

8. Non-Admission of Liability: Statement that the settlement does not constitute admission of liability

9. Representations and Warranties: Basic warranties about authority to enter agreement and ownership of confidential information

10. Remedies: Available remedies in case of breach, including injunctive relief

11. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction

12. General Provisions: Standard boilerplate clauses including entire agreement, amendments, etc.

What sections are optional to include in a Non Disclosure Settlement Agreement?

1. Non-Disparagement: Mutual obligations not to make negative statements, useful in high-profile or contentious cases

2. Third Party Rights: Rights of third parties affected by the settlement, if any

3. Tax Implications: Allocation of tax responsibilities, relevant for large settlements

4. Insurance Obligations: Requirements for maintaining insurance coverage, if relevant

5. Publicity: Specific provisions about public statements, important for public figures or companies

6. Survival: Specification of which provisions survive termination, particularly relevant for long-term confidentiality obligations

7. Alternative Dispute Resolution: Mediation or arbitration provisions for future disputes

What schedules should be included in a Non Disclosure Settlement Agreement?

1. Schedule 1 - Settlement Payment Details: Detailed payment terms, amounts, and schedule

2. Schedule 2 - Scope of Confidential Information: Detailed list or categories of confidential information covered

3. Schedule 3 - Form of Release: Template for mutual release documents

4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive confidential information

5. Appendix A - Confidentiality Acknowledgment Form: Template for acknowledgment by employees or agents

6. Appendix B - Destruction Certificate: Template for certifying destruction of confidential materials

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Cost

Free to use
Clauses
Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Professional Services

Retail

Education

Energy

Telecommunications

Construction

Media and Entertainment

Biotechnology

Relevant Teams

Legal

Human Resources

Executive Leadership

Compliance

Risk Management

Corporate Affairs

Operations

Finance

Intellectual Property

Information Security

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Human Resources Director

Chief Financial Officer

Compliance Officer

Risk Manager

Corporate Secretary

Operations Director

Department Head

Project Manager

Business Development Manager

Intellectual Property Manager

Settlement Officer

Dispute Resolution Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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